Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 68294 of 2025 Arising Out of PS. Case No.-679 Year-2025 Thana- SONEPUR District- Saran ====================================================== 1.

Pintu Kumar Son of Asrafi Rai Resident Of Village- sabalpur, Nayka Basandi Tola, P.S. -Sonpur , District -Saran At Chapra. 2.

Guddu Kumar @ Raju Kumar @ Rajeev Kumar, Son of Asrafi Rai, Resident of Village- Sabalpur, Nayka Basandi Tola, P.S. -Sonpur , District -Saran at Chapra.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Tribhuwan Narayan, Advocate For the State :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-10-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Sonpur P.S. Case No.679 of 2025 Dated-11.07.2025, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per allegation, 459.120 liter of illicit liquor has been recovered from a place adjoining the water tank in the village of the Petitioner.

4. Learned counsel for the petitioners submit that the Petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No. 68294 of 2025(2) dt.08-10-2025 2/3 case. He further submits that the Petitioner has nothing to do with the alleged recovery of liquor. The recovery has been made from an open space accessible to the public at large.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the Petitioner No.1 has no criminal antecedent whereas, the Petitioner No.2 has been made accused in one other case.

7. learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Sonpur P.S. Case No.679 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on

Patna High Court CR. MISC. No. 68294 of 2025(2) dt.08-10-2025 3/3 the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) Chandan/- U T